I Was Sexually Assaulted at Work. What Should I Do?
If you’ve been sexually assaulted at work, you’re probably feeling scared, confused, and unsure of what to do next. First and foremost, you should know that what happened to you is not your fault. The decision to report it is deeply personal, and there’s no single “right” answer. This article will walk you through some options and help you understand the legal protections available to you.
Your Rights: What You Need to Know
Sexual assault anywhere, including at your workplace, is a criminal matter. But if you were assaulted by someone at or associated with your job, your assault might also be a civil matter. In other words, you might have a lawsuit against your employer for failing to keep you safe. Federal laws, like Title VII of the Civil Rights Act, and Texas laws, like the Texas Commission on Human Rights Act, specifically prohibit sexual harassment and assault in the workplace. And it doesn’t matter if your attacker is your boss. Your employer should keep you safe in your workplace.
Should You Report It?
It’s completely normal to have mixed feelings about reporting what happened to you. Reporting your assault to the police is hard. But some people find it even harder to report their assault in the workplace to their supervisor or human resources department. Maybe you’re worried about retaliation, losing your job, or being blamed by the higher ups. These fears are valid, but it’s important to know that the law is on your side. Retaliation—like firing, demoting, or punishing you for reporting—is illegal. If you experience retaliation, you can file an additional claim against your employer.
What Happens If You Report?
Reporting to HR or Management
The first step is usually to report the assault to your company’s HR department or a manager. When you do this, be as detailed as possible in documenting what happened—dates, times, and any communication related to the incident. This documentation is crucial if you decide to pursue legal action.
Your employer is legally obligated to investigate the assault. They should take steps to protect you during and after the investigation, such as adjusting your work environment or providing leave if needed. If they fail to address the situation, you can escalate the issue to someone higher in your company or by talking to a lawyer.
Filing a Complaint with the EEOC or State Agencies
If your company doesn’t take your report seriously or if you’re uncomfortable reporting internally, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s equivalent (like the Texas Workforce Commission). An attorney like those at Carter Law Group can help you file your complaint with the EEOC or TWC.
If you want to bring a civil legal claim (a claim for money damages) against your employer, you must file your complaint with the EEOC and/or TWC within 300 days of your assault to protect your rights.
Criminal Reporting
Sexual assault is a crime, so you also have the option of reporting the incident to the police. This is separate from any workplace investigation and could lead to criminal charges against your employer. Criminal cases can be complex, but they may result in serious consequences for the assailant, like jail time.
What Can You Expect?
Once you report, an investigation at your work by your employer should begin. This could involve interviews with witnesses, reviewing evidence, and possibly a hearing. Investigations take time, and the process may feel slow, but it’s meant to ensure fairness.
Once an investigation is complete, many outcomes are possible. Your employer may take action like firing or reprimanding your attacker. Even so, you may still have a valid claim against your employer.
Additionally, you may be entitled to compensation for any harm the assault has caused, like medical bills, lost wages, or emotional distress. A lawyer at Carter Law Group can help you navigate this process and figure out the best course of action for your situation.
Getting Support
You don’t have to go through this alone. Consulting with a lawyer who specializes in workplace sexual assault is a great first step. At Carter Law Group, our trained attorneys can explain your rights, help you file claims, and guide you through the legal process. We offer a free consultation and counseled support the entire way.
It’s also important to take care of your emotional well-being. Seek counseling or therapy to help process what you’re going through. Many organizations provide free or low-cost services for survivors of sexual assault, and taking care of yourself emotionally is just as important as any legal action you take.
National organizations like RAINN and the National Sexual Violence Resource Center offer confidential hotlines, counseling and help finding local resources. Local shelters and crisis centers like the Dallas Area Rape Crisis Center can provide immediate help and connect you with others who understand your experience.
Conclusion
Reporting sexual assault, harassment or discrimination by your employer is a difficult and personal decision. The law is there to protect you, whether you choose to report it immediately or take your time. Here at Carter Law Group, we understand that this journey to justice is confusing and emotional. We want to make our clients feel heard and get them the justice, safety and support they deserve. Call us today for a free consultation.
For more information, check out CLG’s other blog posts on this important topic:
Sexual Assault in the Workplace: The 7 Risks Teenagers Face
Do I Have Lawsuit for My Sexual Assault?
